Posts Categorized: Case Law Update

In Re Ultra Petroleum Corp. 251 F.4th 138 (5th Cir. 2022) The Fifth Circuit was recently tasked with interpreting provisions of the Bankruptcy Code after an oil and gas company filed for bankruptcy prior to becoming solvent (i.e., able to pay their debts) again during the proceedings. Ultra Petroleum Corp. first proposed a plan to pay all… Read more »

Field Intelligence Inc. v. Xylem Dewatering Solutions Inc. No. 21-2087 (3d Cir. 2022) Appellant Xylem, a manufacturer and seller of large-capacity water pumps, hired Field in 2012 to develop hardware to interface with pumps and computer software. A Non-Disclosure Agreement was signed in 2013 pertaining to the disclosure and protection of confidential information. This 2013… Read more »

TEP Rocky Mountain LLC v. Record TJ Ranch Ltd. Partnership 2022 WY 105, 516 P.3d 459 (Wyo. 2022) This suit was brought out of an assignment of a Surface Use Agreement (“SUA”) from WPX Energy Rocky Mountain, L.L.C. (“WPX RM”) to Moriah Powder River, L.L.C. (“Moriah”). As the SUA included “consent to assign” language, WPX… Read more »

SandRidge Energy, Inc. v. Barfield 2022 WL 815864 (tex. Mar. 18, 2022) A week after the Texas Supreme Court’s decision in Energen Resources Corp. v. Wallace, the Court addressed another Chapter 95 case. This case involved a lineman who was severely injured after working on power lines owned by Sand Ridge. The lineman argued that… Read more »

Pape Partners, Ltd. v. DRR Family Properties LP 2022 WL 1592723 (Tex. May 20, 2022) In 1986, Lola Robinson owned the water rights appurtenant to a 1,086-acre farm pursuant to two separate permits issued by the Texas Commission on Environmental Quality (TCEQ). In 1990, the two permits were replaced with a single permit, including an… Read more »

In 2015 Kingfisher Wind, LLC (Kingfisher Wind) began construction of a wind farm that was split between Kingfisher and Canadian Counties in Oklahoma (the “Counties”). This case concerns the discrepancy in value placed on the property by the Kingfisher and Canadian County Tax Assessors, and Kingfisher Wind, as Kingfisher Wind valued their property at almost… Read more »

National Press Photographers Association v. McCraw – UPDATED 2022 WL 939517 (W.D. Tex. Mar. 28, 2022) After determining that the use of drones for newsgathering photography was subject to First Amendment protection, the court discussed what level of scrutiny should apply to its analysis. A law is subject to the strictest scrutiny if it is… Read more »

National Press Photographers Association v. McCraw 2022 WL 939517 (W.D. Tex. Mar. 28, 2022) Sections 423.002-.004 and 423.006 of the Texas Government Code (the “Surveillance Provisions”) impose both civil and criminal penalties for using drones to capture images of individuals and private property “for use in surveillance.” Sections 423.0045 and 423.0046 of the Texas Government… Read more »

Kingfisher Wind, LLC v. Wehmuller 2022 OK 83 In 2015, Kingfisher Wind, L.L.C. (“Kingfisher Wind”) began construction of a wind farm that was split between Kingfisher and Canadian Counties in Oklahoma (“Counties”). This case concerns the discrepancy in the value placed on the property by Kingfisher Wind and the Canadian County Tax Assessors. Kingfisher Wind valued… Read more »

Easom v. US Well Servs. NO. 2120202, 2022 U.S. App. LEXIS 16556 (5th Cir. 2022) In a recent case on appeal to the 5th Circuit, the Court held (1) that COVID-19 does not count as a “natural disaster” for the purposes of the WARN Act’s notice requirement exception and (2) that the standard for the… Read more »